lusions to be drawn from
trade statistics, which, when stated by value, are of uncertain
evidence as to quantity, the United States maintains the right to sell
goods into the general stock of a neutral country, and denounces as
illegal and unjustifiable any attempt of a belligerent to interfere
with that right on the ground that it suspects that the previous
supply of such goods in the neutral country, which the imports renew
or replace, has been sold to an enemy. That is a matter with which the
neutral vendor has no concern and which can in no way affect his
rights of trade."
The British practice had run counter to the assurances Great Britain
made in establishing the blockade, which was to be so extensive as to
prohibit all trade with Germany or Austria-Hungary, even through the
ports of neutral countries adjacent to them. Great Britain admitted
that the blockade should not, and promised that it would not,
interfere with the trade of countries contiguous to her enemies.
Nevertheless, after six months' experience of the "blockade," the
United States Government was convinced that Great Britain had been
unsuccessful in her efforts to distinguish between enemy and neutral
trade.
The United States challenged the validity of the blockade because it
was ineffective in stopping all trade with Great Britain's enemies. A
blockade, to be binding, must be maintained by force sufficient to
prevent all access to the coast of the enemy, according to the
Declaration of Paris of 1856, which the American note quoted as
correctly stating the international rule as to blockade that was
universally recognized. The effectiveness of a blockade was manifestly
a question of fact:
"It is common knowledge that the German coasts are open to trade with
the Scandinavian countries and that German naval vessels cruise both
in the North Sea and the Baltic and seize and bring into German ports
neutral vessels bound for Scandinavian and Danish ports. Furthermore,
from the recent placing of cotton on the British list of contraband of
war it appears that the British Government had themselves been forced
to the conclusion that the blockade is ineffective to prevent
shipments of cotton from reaching their enemies, or else that they are
doubtful as to the legality of the form of blockade which they have
sought to maintain."
Moreover, a blockade must apply impartially to the ships of all
nations. The American note cited the Declaration of London and
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